(a) No certificate holder may use any person nor may any person serve as a required pilot flight crewmember unless that person has satisfactorily completed either a proficiency check, or an approved FFS course of training under §121.409, as follows:

(1) For a pilot in command—

(i) Before March 12, 2019,

(A) A proficiency check within the preceding 12 calendar months and,

(B) In addition, within the preceding 6 calendar months, either a proficiency check or the approved FFS course of training.

(ii) Beginning on March 12, 2019,

(A) A proficiency check within the preceding 12 calendar months in the aircraft type in which the person is to serve and,

(B) In addition, within the preceding 6 calendar months, either a proficiency check or the approved FFS course of training.

(2) For all other pilots—

(i) Within the preceding 24 calendar months either a proficiency check or the line-oriented flight training course under §121.409; and

(ii) Within the preceding 12 calendar months, either a proficiency check or any FFS training course under §121.409

(b) Except as provided in paragraphs (c) and (d) of this section, a proficiency check must meet the following requirements:

(1) It must include at least the procedures and maneuvers set forth in appendix F to this part unless otherwise specifically provided in that appendix.

(2) It must be given by the Administrator or a pilot check airman.

(c) An approved FFS or FTD may be used in the conduct of a proficiency check as provided in appendix F to this part.

(d) A person giving a proficiency check may, in his or her discretion, waive any of the maneuvers or procedures for which a specific waiver authority is set forth in Appendix F of this part if the conditions in paragraphs (d)(1) through (3) of this section are satisfied:

(1) The Administrator has not specifically required the particular maneuver or procedure to be performed.

(2) The pilot being checked is, at the time of the check, employed by a certificate holder as a pilot.

(3) The pilot being checked meets one of the following conditions:

(i) The pilot is currently qualified for operations under this part in the particular type airplane and flightcrew member position.

(ii) The pilot has, within the preceding six calendar months, satisfactorily completed an approved training curriculum, except for an upgrade training curriculum in accordance with §§121.420 and 121.426, for the particular type airplane.

(e) If the pilot being checked fails any of the required maneuvers, the person giving the proficiency check may give additional training to the pilot during the course of the proficiency check. In addition to repeating the maneuvers failed, the person giving the proficiency check may require the pilot being checked to repeat any other maneuvers he finds are necessary to determine the pilot's proficiency. If the pilot being checked is unable to demonstrate satisfactory performance to the person conducting the check, the certificate holder may not use him nor may he serve in operations under this part until he has satisfactorily completed a proficiency check.

(f) Deviation authority based upon designation of related aircraft in accordance with §121.418(b) of this part.

(1) The Administrator may authorize a deviation from the proficiency check requirements of paragraphs (a), (b)(1), and (c) of this section based upon a designation of related aircraft in accordance with §121.418(b) of this part and a determination that the certificate holder can demonstrate an equivalent level of safety.

(2) A request for deviation from paragraphs (a), (b)(1), and (c) of this section must be submitted to the Administrator. The request must include the following:

(i) Identification of aircraft operated by the certificate holder designated as related aircraft.

(ii) Based on review of the related aircraft, the operation, and the duty position:

(A) For recurrent proficiency checks, the frequency of the related aircraft proficiency check, the maneuvers and procedures to be included in the related aircraft proficiency check, and the level of FSTD to be used for each maneuver and procedure.

(B) For qualification proficiency checks, the maneuvers and procedures to be included in the related aircraft proficiency check and the level of FSTD to be used for each maneuver and procedure.

(3) The administrator may, at any time, terminate a grant of deviation authority issued under this paragraph (f).

[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-103, 38 FR 12203, May 10, 1973, Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 121-144, 43 FR 22648, May 25, 1978; Amdt. 121-263, 62 FR 13791, Mar. 21, 1997; Amdt. 121-366, 78 FR 67841, Nov. 12, 2013; Docket FAA-2016-9526, Amdt. 121-377, 81 FR 90983, Dec. 16, 2016; Amdt. 121-377A, 81 FR 95860, Dec. 29, 2016; Amdt. 121-377B, 83 FR 12475, Mar. 22, 2018; Amdt. 121-382, 85 FR 10926, Feb. 25, 2020]